- (1.) Leave granted.
(2.) Interpretation of Order XXIII Rule 1 of the Code of Civil Procedure is involved in this appeal. It arises out of a judgment and order dated 13.9.2006 passed by a learned Single Judge of the High Court of Punjab and Haryana setting aside an order dated 29.9.2005 passed by the Additional District Judge, Jagadhari whereby and whereunder the terms of settlement entered into by way of an agreement dated 25.4.1998 between some of the parties hereto were declared illegal as also null and void.
(3.) Indisputably, two suits were filed being Suit No. 185 of 1989 and Suit No.303 of 1992 on 20.11.1989 and 21.3.1992 before the Additional Civil Judge, Jagadhari, Haryana and Senior Division Bench and before the Civil Judge, Jagadhari, Haryana, respectively. In the said suits, inter alia, the question as regards an order of mutation carried out in the Revenue records pursuant to or in furtherance of a transfer made by one Raghuvir Singh in favour of his wife and son stated to be under an oral gift deed representing himself as the successor of Bhanumal was in question. We would refer to the respective claims made in the said suits a little later. We may, however, at this stage, notice the genealogical tree which is as under Banu Mal Munni Raghbir Singh Devi Cousin of W/o O.P. Gupta Banu Mal (Kesho Devi-wife) Sneh Lata Veena Chander Pawan K.K. Vinod @ Sneh Nirwani Nirwani Gupta Gupta Gupta Gupta Devi Sarup Kusum Lata (Maya Devi - wife);